Stacey M. Washington, Attorney and CounselorFindLaw IM Template2019-07-23T09:00:00Zhttps://www.smwashingtonlaw.com/feed/atom/WordPressby Stacey M. Washington, Attorney and Counselorhttps://www.smwashingtonlaw.com/?p=458962019-07-19T09:29:26Z2017-06-07T05:00:00Z
Being charged with a DUI in Ann Arbor can feel overwhelming. From finding an experienced DUI attorney to represent you to attending the arraignment and going through the DUI criminal process can leave you feeling confused and helpless. I invite you to contact my law office if you have recently been charged with a Michigan misdemeanor or felony DUI.
I can protect your legal rights and obtain the best outcome possible. Read on to learn more about the difference between a Michigan misdemeanor and felony DUI.
Michigan Misdemeanor DUI
Driving under the influence of alcohol or a controlled substance is against the law in Michigan. A driver may be charged with a misdemeanor DUI if his/her alcohol blood content (BAC) is above the legal limit of .08%. Most first and second offenders are charged with a misdemeanor DUI. A misdemeanor conviction includes the following fines and penalties:
● Sentenced up to 93 to 180 days in jail
● Between $100 to $700 in fines plus court costs
● Driver's license suspension for up to 12 months
To obtain a conviction, the prosecutor must prove beyond a reasonable doubt that you were driving under the influence of alcohol. The prosecutor may present evidence regarding your field sobriety tests, breathalyzer and/or chemical test results.
Michigan Felony DUI
If you were previously convicted of two DUIs in Michigan and/or another state with similar DUI laws, you may be subsequently charged with a felony DUI. You may also be charged with a felony conviction if you caused bodily harm or property damage while driving under the influence of alcohol.
Felony DUI convictions are subject to the following fines and penalties:
● Up to 30 days in jail to up to 5 years in prison
● Fines between $200 to $1,000 plus court costs
● Automatic driver's license revocation of one to five years
● Vehicle immobilization
Hire an experienced attorney if you have been charged with a Michigan felony or misdemeanor DUI. I have helped many individuals and Washtenaw County residents charged with drunk driving avoid convictions, jail time and other negative consequences. Contact my law office to discuss your misdemeanor or felony DUI charge in confidence.]]>by Stacey M. Washington, Attorney and Counselorhttps://www.smwashingtonlaw.com/?p=459002019-07-19T09:31:00Z2017-06-07T05:00:00Z
Can a driver be arrested for drunk driving on his/her own private property? Perhaps. Michigan resident Gino Rea was charged with driving under the influence of alcohol in his own driveway. The police arrived to Rea's after receiving a noise complaint. Rea was sitting in his vehicle parked on the upper portion of his driveway when the police arrived.
Rea allegedly had a few drinks the night of the incident and went out to his car to listen to music. Upon arrival, the police officer told Rea to turn the music down and then the officer immediately departed. The neighbor called the police once again to complain about Rea's loud music. The police came back but did not hear any music nor see Rea's vehicle.
Another complaint was made and the police officer parked his car in front of the driveway. As the police officer approached Rea's residence, the officer noticed that the garage door was open and that Rea had backed his vehicle down his driveway. Rea then pulled back into his garage and exited his vehicle. Rea was subsequently arrested for drunk driving.
The Oakland County judge and State Court of Appeals dismissed the case noting that Rea never left the upper portion of his driveway. Michigan Supreme Court must now decide whether the state's drunk driving laws apply to private driveways.
If convicted, Rea may be sentenced to serve up to 93 days in jail, pay fines between $100 to $500, and potentially have his driver's license suspended for up to one year. I will provide a follow-up article on the court's ruling.
Contact my law office to speak with me regarding your drunk driving arrest and charge. I can help you have the charge asserted against you reduced or completely dismissed in some cases. Do not delay in obtaining legal advice and representation.]]>by Stacey M. Washington, Attorney and Counselorhttps://www.smwashingtonlaw.com/?p=459042019-07-19T09:38:23Z2017-04-16T05:00:00Z
In Michigan, upon being arrested and charged with a DUI, you will be required to attend an arraignment. At the arraignment, you will be formally charged with the crime(s) asserted against you and the statutory penalties therein. Most arraignments occur within 72-hours after arrest. It is not uncommon however for an arraignment to occur many months following the arrest.
If you have been summoned to an arraignment, take an attorney with you. Contact my law office for legal representation. I can protect your legal rights and your best interests during the arraignment process. Read on to learn more Washtenaw County DUI arraignment tips and how I can help you.
Washtenaw County DUI Arraignment Tips1. Hire an Attorney. Upon being arrested and summoned for a court arraignment, hire a DUI attorney. Though many people are competent to represent themselves during an arraignment, I recommend people be represented by legal counsel. An attorney will make sure your legal rights are protected from the initiation of the criminal proceeding to the end. Certain statements made during the arraignment may later hurt your case. It is best to have an attorney present advising you and advocating on your behalf.
Most court appearances following the arraignment are often two to four weeks out (if not longer). You can decide to obtain legal representation post-arraignment.
2. Do not enter a plea without first obtaining legal counsel.I advise my clients to stand mute or enter a "Not Guilty" plea and ask the judge to reduce bail at an arraignment. Entering a plea without first consulting with counsel can result in you being sentenced to harsh penalties and fines. An experienced attorney can review the merits of the prosecutor's case and provide you with solid legal advice as to whether you should plead guilty or not guilty to a crime.
3. Follow the court orders.The judge may grant bail or bond and set various conditions for you to abide by. Make sure you follow the court order. If you do not complete all the requirements associated with your bail, you may be sent to jail until your next hearing. An attorney can explain and advise you about bond conditions.
4. Dress in a professional manner. Wear a suit or professional business attire when making your first appearance in court. Appearance matters during criminal proceedings. Looking professional may influence the prosecution or judge (even in the slightest manner).
5. Be respectful.Properly address the judge when spoken to during the arraignment. If you contact my law office for legal representation, I will provide you with tips on how to respond to questions the judge may ask you.
I hope the above referenced DUI arraignment tips help. I invite you to contact my law office for legal representation. Do not delay in obtaining legal representation. Doing so may hurt your case. Call 734-929-9730 to speak with me directly.]]>by Stacey M. Washington, Attorney and Counselorhttps://www.smwashingtonlaw.com/?p=459082019-07-19T09:40:11Z2017-04-16T05:00:00Z
If you are arrested for drunk driving in Michigan, your driver's license privileges may be revoked. There are two types of administrative hearings for drunk driving matters: an implied consent hearing or a driver's license restoration hearing.
Implied consent administrative hearings occur when a person allegedly refuses to consent to a chemical test. This is referred to as a violation of Michigan's implied consent law. A request for hearing must be made within 14 days of the DUI arrest. If a driver fails to do so, his/her license will be suspended for one year.
If you have committed multiple drunk driving offenses within a seven-year period, you must request a hearing with the Secretary of State's Driver Assessment and Appeal Division (DAAD) to restore your driving license privileges. You will have a right to request a hearing once you complete the minimum applicable revocation period. However, you do not have the right to have your driving privileges restored.
The burden of proof is on you, the moving party, to provide clear and convincing evidence as to why your driving privileges should be restored. You will have to provide sufficient evidence to demonstrate that you are at minimal risk of committing a subsequent drunk driving offense. This includes providing documents demonstrating that your substance abuse problem is under control and in the event you will again consume alcohol the risk is low for you to drive while under the influence. The preference of the Secretary of State's office is that you will remain sober and not drink again.
Provide the hearing officer with your substance abuse evaluation report. You will have to remain sober up to one year after being discharged from the sentencing court's jurisdiction. The evaluation should include a diagnosis and prognosis. It must specifically state that your substance abuse is in sustained remission and you are at a low risk of committing a subsequent drunk driving offense if your license is restored. In addition to the substance abuse evaluation report, you should provide testamentary evidence to the hearing officer. Such evidence can be letters from friends and family attesting to your sobriety. You may want to consider attending a structured substance abuse support group and get a sponsor. This can strengthen your credibility and burden of proof that you have a low likelihood of suffering a relapse.
Before attending the hearing, contact an attorney for legal representation or, at a minimum, advice and counseling. An attorney can review your case and find the weaknesses. I have been successful in helping my clients with driver license restoration hearings. If you prevail in your hearing, you may likely be ordered to install an ignition interlock device in your vehicle for up to one year. If you are required to install such a device, you will also have limited driving privileges with a restricted license. You must meet several strict requirements to request to have your driving privileges fully restored.
Contact my law office for legal representation. Call 734-929-9730 to speak with me directly.]]>by Stacey M. Washington, Attorney and Counselorhttps://www.smwashingtonlaw.com/?p=459162019-07-19T09:45:18Z2017-03-16T05:00:00Zcontact my law office for help in defending your DUI charge. I can represent you and help you get the treatment you need.
SourcesImpaired Driving: Get the Facts]]>by Stacey M. Washington, Attorney and Counselorhttps://www.smwashingtonlaw.com/?p=459122019-07-19T09:42:45Z2017-03-15T05:00:00Z
Montcalm County Commissioner Jeremy Miller was recently arrested for driving under the influence of alcohol. Commissioner Miller was initially stopped by the police for speeding near his home. Miller was clocked driving 58 mph in a 30 mph zone.
The police officer claims to have smelled alcohol on Miller. The officer asked him if he had consumed alcohol and Miller did not initially provide a clear answer. According to the police report, Miller said it had "been a night." Following protocol, the police officer requested for Miller to perform a series of field sobriety tests. The officer claims Miller was unable to walk in a straight line. After taking a roadside breathalyzer test, the police officer took Miller into custody.
His roadside breathalyzer registered at .14% (blood alcohol content). The legal limit for driving under the influence in Michigan is .08%. Upon being arrested, the police officer asked Miller if he understood why he was being arrested. Miller replied, "Because I was being stupid, those damn chicken nuggets."
Miller underwent two blood tests while in police custody. According to the police report, his blood alcohol level was .13%. Miller has been charged with operating a motor vehicle while intoxicated. He is scheduled to have a bench trial at the end of March. Miller was elected to serve as a commissioner in November 2016. His term commenced January 1, 2017. Miller provided the following statement regarding the incident:
"I have always tried to meet the highest of standards but realize I have failed in this instance," he said. "I will re-dedicate myself to meeting those high standards in the future.
"I appreciate your support and understanding during this difficult time and you have my solemn pledge that I will continue to work hard to make our county a better place to live and raise our families."
If convicted, Miller could face up to 93 days in jail, pay a fine up to $500 and have his driver's license suspended up to 6 months.
If you have been arrested for drunk driving in the Washtenaw County area, contact my law office for legal representation. I provide legal representation for Michigan professionals. Do not delay in obtaining legal representation. Doing so could result in many negative consequences. Depending on the nature of the charge, I may be able to have it reduced or completely dismissed.]]>by Stacey M. Washington, Attorney and Counselorhttps://www.smwashingtonlaw.com/?p=459202019-07-19T09:50:13Z2017-02-23T06:00:00ZHow to know if you are a repeat offender
While the penalties for first-time DUI offenders in Michigan are harsh, they become even more so for each subsequent drunk driving offense. The state has a list of specific repeat offender laws, and they apply to you if you have two or more alcohol-related convictions within seven years or three or more within 10 years. They also apply to you if you get three or more convictions within a seven-year period for driving with a revoked or suspended license.
Repeat offender law specifics
If you are a repeat offender and get pulled over on suspicion of drunk driving, expect the law enforcement official who performs the arrest to take and destroy your metal license plates. You may be given what is known as a registration denial, under which you will not be able to obtain new metal plates until your case has made its way through the court system. You will also not be able to buy or lease a vehicle or transfer a vehicle's registration during your registration denial period.
The ignition interlock and other penalties
As a DUI offender in Michigan, you may be required to take part in a substance abuse prevention or treatment program, and you may also have to have an ignition interlock device installed on your vehicle at your own expense. This is especially true if you are considered a habitual offender, meaning you had two or more convictions within a seven-year period or three convictions within a 10-year period. The Breath Alcohol Ignition Interlock Device will measure your blood-alcohol content if you attempt to crank up your car. If it exceeds .025 percent, your car will not start.
The severity of the penalties you can expect to face tend to increase with each arrest. If you have been arrested for drunk driving before and are facing new charges, you may find it beneficial to contact an attorney.]]>by Stacey M. Washington, Attorney and Counselorhttps://www.smwashingtonlaw.com/?p=459222019-07-19T09:51:45Z2017-02-08T06:00:00ZImpaired Driving Research Study
Utrecht University researchers conducted a study where participants were told to go out and partake in a night of heavy drinking. Participants were then asked to report to a lab the next morning. While experiencing symptoms of a hangover, researchers tested the participant's driving abilities. A similar study was arranged in England. In Holland, a study was conducted to test the effects of a hangover on professional truck drivers. Across the board, the results demonstrated that the participant's driving abilities were impaired.
Each study found that drivers who were hungover performed very poorly in the simulated driving tests. For example, many participants were swerving excessively and dangerously, weaving in and out of lanes, crossing the center lines while driving, and committing various traffic violations such as running red lights and stop signs. Participants in the studies reported that they felt a sense of tenseness during the driving test and that they had great difficulty concentrating on their driving. In fact, the drivers did such a poor job in these controlled driving simulations that their driving skills were comparable to drunk drivers.
A person's driving abilities can be impaired even if hours have passed since they consumed any alcohol. This is because hangover symptoms begin once alcohol consumption stops. Low blood sugar, headaches, nausea, and general discomfort can distract a driver from the road and lower his/her reaction time. This can lead to an increased risk of accidents, traffic violations and much more serious consequences.
After a night of heavy drinking, don't just sleep off the alcohol for a few hours before driving. You may still have alcohol in your system. Delay driving if possible by walking to get some breakfast or brunch, catching a ride with a friend, or requesting a late hotel check-out time if you're traveling.
If you absolutely must go home or to work, call a cab, Uber, Lyft or other transportation service, or take public transit. Otherwise, that hangover can turn into a much bigger headache or lead to disastrous consequences on the road, including accidents, injuries and possibly an arrest.
I invite you to contact my law office to discuss your drunk driving arrest or charge. I provide drunk driving defense representation to individuals arrested in Washtenaw County. I can provide you with legal representation and guidance.]]>by Stacey M. Washington, Attorney and Counselorhttps://www.smwashingtonlaw.com/?p=459262019-07-19T09:53:52Z2017-02-08T06:00:00Z
In August of 2015, 36-year-old Joseph Schwab of California, was pulled over for allegedly cutting off a California Department of Alcoholic Beverage Control agent. The agent was driving in an unmarked vehicle. The agent pursued Schwab and pulled him over for allegedly driving erratically.
Though Schwab displayed no signs of intoxication, the agent requested him to perform a breathalyzer test. The breathalyzer test calibrated a blood alcohol content of 0.00%. Despite the negative results, the agent believed Schwab was possibly under the influence of some sort of controlled substance. According to the agent, Schwab was acting "amped up" and excessively agitated during the traffic stop. Schwab's pupils were also dilated. Several different workout supplements were visible in his vehicle. Based on these factors, the agent decided to proceed with conducting field sobriety tests. The agent claimed Schwab failed the field sobriety tests and arrested him for driving while intoxicated.
At the police station, Schwab provided a blood sample to law enforcement to test for controlled substances in his system. The test results came back negative for all controlled substances including cocaine, opiates, THC, zolpidem, oxycodone, carisoprodol, benzodiazepines, and methamphetamines. In fact, the only thing that showed up after multiple analyses of his bloodwork by different labs was caffeine. Ten months later, Solano County brought a charge against Schwab for driving while under the influence. Schwab disputed the charge claiming the police lacked sufficient evidence that demonstrated he operated his vehicle under the influence of alcohol or a controlled substance.
Per the California Vehicle Code, a "drug" for purposes of the statute is defined as any substance other than alcohol that can affect a person and "impair, to an appreciable degree," his or her ability to normally drive. Caffeine has never been considered a "drug" under this code, and no studies have been conducted demonstrating that caffeine can impair driving. In fact, caffeine is routinely touted as something that can help drivers stay alert, and is made available at rest stops and gas stations throughout the country for truck drivers. Jeffrey Zehnder, a forensic toxicologist who routinely testifies in court cases as an expert witness commented that in over 41 years, he has never seen a prosecution for a charge of driving while under the influence of caffeine. "If that's the case, then they better come and arrest me," joked Zehnder.
The DUI charges filed against Schwab were eventually dropped and a reckless driving charge was added instead. This goes to show that law enforcement may stretch legalities to arrest an innocent driver. If you have been charged with drunk driving in the Ann Arbor area, contact my law office for a consultation and representation.]]>by Stacey M. Washington, Attorney and Counselorhttps://www.smwashingtonlaw.com/?p=459302019-07-19T09:56:01Z2017-01-25T06:00:00ZThe criteria for being charged
The third drunk driving charge a person faces is automatically considered a felony in the state of Michigan. This is just one of several criteria that can turn what would be a misdemeanor into a felony charge. Other criteria that may make a DUI a felony include driving drunk with passengers, a collision that results in injuries or property damage, and presence of additional charges that accompany the DUI.
The potential consequences of each charge
Just as the criteria for each charge are different, the potential consequences you may face are vastly different, too. If you are simply facing a misdemeanor, a conviction may result in penalties ranging from jail time, license suspension, community service or fines. A felony conviction, on the other hand, may incur a prison sentence, a revoked license and substantially higher fines. A felony also comes with its own consequences, such as a permanent record and loss of voting rights.
The evidence necessary in either case
For a misdemeanor DUI case, a prosecutor will likely require little more than the breath test or field sobriety test collected by a law enforcement officer at the time of your arrest. For a felony DUI charge, however, there will typically be further evidence required. Unless it is an automatic felony due to prior charges, a prosecutor may need to provide the court with documentation of damage done.
The potential for additional charges
With both misdemeanor and felony DUI charges, you may be faced with additional charges for other crimes committed. If you cause a collision, for example, you might also be charged with property damage. If you drive with a passenger, you might be charged with reckless endangerment. If felony charges accompany your DUI, it is probable that the DUI charge will be upgraded to a felony, too.
No matter what kind of charge it is, a DUI is a serious issue with potentially devastating consequences. Reaching out to a lawyer may help you better understand your legal options.]]>